DTO Law Secures Order to Show Cause by California Court of Appeal for Defendant Variety in CIPA Tracking Pixel Case
This interlocutory review is timely, as federal and state courts across California have been wrestling with how to address this novel application of the CIPA statute. Every year, there are more and more lawsuits filed by plaintiffs’ firms against companies alleging CIPA violations, seeking statutory damages and attorney’s fees—several thousand by one commentator’s count.
After filing a petition for writ of mandamus in November 2025, DTO Law recently obtained a rarely granted Order to Show Cause (“OSC”) from the California Court of Appeal, Second Appellate District, in a closely watched California Invasion of Privacy Act (“CIPA”) class action that asks whether CIPA, a 1967 state law that protects individuals from unlawful interception and recording of their telephone devices, also applies to website “tracking pixels.”
Background of Case
DTO Law represents Variety Media (“Variety”) in a putative CIPA class action filed by Bursor & Fisher in Los Angeles Superior Court. Plaintiff alleges that when he visited Variety’s website, third-party tracking tools collected and tracked his metadata—such as his IP address and basic device information—without his consent. Plaintiff also claims that his metadata was shared with third parties but does not allege any economic harm.
Variety moved to dismiss (a “demurrer” in California state court), arguing, among other grounds, that CIPA does not apply to online, non-telephonic data collection; rather, the California Consumer Privacy Act (“CCPA”) governs such online activity. The trial court rejected Variety’s demurrer, concluding that CIPA’s language is sufficiently expansive to cover online activity.
Writ Proceedings and OSC
DTO Law timely petitioned for writ review, asking the California Court of Appeal to address whether CIPA reaches the internet technology at issue in the case. While interlocutory review is uncommon and OSCs in writ proceedings are rarely granted (less than two percent), the Court of Appeal issued an OSC, signaling that the petition warrants full consideration and directing the Superior Court to show cause why the requested relief should not be granted.
Next Steps
While the Court of Appeal did not state its reasons for issuing the OSC, what is clear is that this surge of CIPA litigation is sweeping up virtually every business or organization with a website. As Variety’s writ petition made clear, even the campaign website of California’s Attorney General, the state’s top prosecutor, uses the same technology Plaintiff claims violates CIPA. Clear guidance from the Court of Appeal will provide businesses with the direction necessary to navigate the online legal landscape in California.
About DTO Law
DTO Law represents clients across the country in complex commercial litigation, including cutting-edge privacy and technology class actions.
The DTO team was led by Will Delgado, Katie Kramer, and Richard Millett.
